UNIVERSITY  OF  CALIFORNIA         agricultural  Experiment  Station 

COLLEGE    OF    AGRICULTURE  BENJ-    ,DE    WHEELER,    President 

THOMAS    FORSYTH    HUNT,   Dean  and  Director 

BERKELEY 


CIRCULAR   No.  104 

August.  1913 


THE  AMENDED    INSECTICIDE   LAW 

BY 

C.  W.  WOODWORTH 

Dealers  and  Users  of  Insecticides  have  requested  a  statement  of  the 
effect  of  the  amendments  to  the  Insecticide  Law  passed  by  the  last 
legislature.  The  original  act  was  the  result  of  the  efforts  of  a  com- 
mittee composed  of  users  and  manufacturers  acting  under  the  author- 
ity of  the  State  Fruit  Growers  Convention.  The  amendments  have 
been  added  through  the  activity  of  dealers,  i.e.  druggists  and 
grocers.  While  apparently  removing  some  of  the  safeguards,  the  pres- 
ent law  may  still  sufficiently  protect  the  user.  It  will  be  the  special 
task  of  the  Insecticide  Laboratory  during  the  next  two  years  to  deter- 
mine whether  the  users'  interests  are  sufficiently  protected  and  if  not 
the  law  can  be  further  amended. 

Below  will  be  found  the  full  text  of  the  law  as  it  now  stands  with 
footnotes  commenting  on  each  of  the  changes. 


THE  INSECTICIDE  LAW 

CALIFORNIA  STATUTES  OF  1911 
Chapter  653 

An  Act  to  regulate  the  manufacture,  sale,  adulteration  and  misbranding  of 
insecticides  or  fungicides  or  materials  used  for  insecticidal  or  fungicidal 
purposes,  and  to  provide  penalties  for  the  infraction  thereof,  and  to 
appropriate  money  therefor.      (Approved  May   1,   1911.) 

CALIFORNIA  STATUTES  OF  1913 
Chapter  211 

An  act  to  amend  an  act  entitled  "An  act  to  regulate  the  manufacture,  sale, 
adulteration  and  misbranding  of  insecticides  or  fungicides  or  materials  used 
for  insecticidal  or  fungicidal  purposes,  and  to  provide  penalties  for  the 
infraction  thereof,  approved  May  1,  1911,"  by  adding  a  new  section  thereto 
to  be  known  as  section  fourteen  a. 


Chapter  612 

An  act  to  amend  that  certain  act  entitled  "An  act  to  regulate  the  manufacture, 
sale,  adulteration  and  misbranding  of  insecticides  or  fungicides  or  materials 
used  for  insecticidal  or  fungicidal  purposes,  and  to  provide  penalties  for 
the  infraction  thereof,  and  to  appropriate  money  therefor,"  approved  May 
1,  1911,  by  amending  sections  8,  9,  11,  13,  14  and  18  thereof,  and  by 
repealing  section  12  thereof  and  by  adding  two  new  sections  to  said  act, 
which  sections  shall  be  numbered  12  and  12%,  relating  to  the  manufacture, 
sale,  adulteration  and  misbranding  oi  insecticides  or  fungicides  or  materials 
used  for  insecticidal  or  fungicidal  purposes,  and  providing  for  the  branding 
of  insecticides  or  fungicides  or  materials  used  for  insecticidal  or  fungicidal 
purposes  in  certain  cases. 


The  People  of  the  State  of  California,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Section  1.  That  it  shall  be  unlawful  for  any  person  to  manu- 
facture within  this  state  any  insecticide,  Paris  green,  lead  arsenate, 
or  fungicide  which  is  adulterated  or  misbranded  within  the  meaning 
of  this  act ;  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  upon  convic- 
tion thereof,  be  fined  not  to  exceed  two  hundred  dollars  for  the  first 
offense,  and  upon  conviction  for  each  subsequent  offense  be  fined  not 
to  exceed  three  hundred  dollars,  or  sentenced  to  imprisonment  for  not 
to  exceed  one  year,  or  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court.  Such  fines  and  those  specified  in  section  2  of  this 
act  to  be  paid  into  the  school  fund  of  the  county  in  which  conviction 
is  had. 

Sec.  2.  Any  person  who  shall  offer  to  deliver  to  any  other  person 
or  any  person  who  shall  sell  or  offer  for  sale  in  this  state  any  such 
adulterated  or  misbranded  insecticide  or  Paris  green  or  lead  arsenate 
or  fungicide  which  is  adulterated  or  misbranded  within  the  meaning 
of  this  act,  or  export  or  offer  to  export  the  same  to  any  foreign  country 
shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  be  fined  not 
exceeding  two  hundred  dollars  for  the  first  offense,  and  upon  convic- 
tion for  each  subsequent  offense  not  exceeding  three  hundred  dollars, 
or  to  be  imprisoned  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court ;  provided,  that  no  article  shall  be  deemed  misbranded  or 
adulterated  within  the  provisions  of  this  act  when  intended  for  export 
to  any  foreign  country  and  prepared  or  packed  according  to  the 
specifications  or  directions  of  the  foreign  purchaser ;  but  if  said  article 
shall  be  in  fact  sold  or  offered  for  sale  for  domestic  use  or  consump- 
tion, then  this  proviso  shall  not  exempt  said  article  from  the  operation 
of  any  of  the  provisions  of  this  act. 


Sec.  3.  The  examination  of  specimens  of  insecticides,  Paris  greens, 
lead  arsenates  and  fungicides  shall  be  made  by  the  director  of  the 
agricultural  experiment  station  of  the  University  of  California  in 
person  or  by  deputy,  for  the  purpose  of  determining  from  such  ex- 
amination whether  such  articles  are  adulterated  or  misbranded  within 
the  meaning  of  this  act ;  and  if  it  shall  appear  from  any  such  examina- 
tion that  any  of  such  specimens  are  adulterated  or  misbranded  within 
the  meaning  of  this  act,  the  said  director  shall  cause  notice  thereof 
to  be  given  to  the  party  from  whom  such  sample  was  obtained.  Any 
party  so  notified  shall  be  given  an  opportunity  to  be  heard  under  the 
rules  and  regulations  adopted  by  the  United  States  government  for 
the  enforcement  of  the  national  insecticide  act  of  1910,  and  if  it 
appears  that  any  of  the  provisions  of  this  act  have  been  violated  by 
such  party,  then  the  said  director  shall  at  once  certify  the  facts  to  the 
proper  district  attorney,  with  a  copy  of  the  results  of  the  analysis  or 
the  examination  of  such  an  article  duly  authenticated  by  the  analyst 
or  officer  making  such  examination,  under  the  oath  of  such  officer. 
After  judgment  of  the  court,  notice  shall  be  given  by  publication  in 
such  manner  as  the  said  director  may  determine. 

Sec.  4.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom 
the  said  director  shall  report  any  violation  of  this  act  or  present 
satisfactory  evidences  of  any  such  violation,  to  cause  appropriate  pro- 
ceedings to  be  commenced  and  prosecuted  in  the  proper  courts  of  the 
State  of  California  without  delay,  for  the  enforcement  of  the  penalties 
as  in  such  case  herein  provided. 

Sec.  5.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state, 
a  certificate,  under  the  hand  of  said  director,  and  the  seal  of  said 
university,  stating  the  results  of  any  analysis  purporting  to  have  been 
made  under  the  provisions  of  this  act,  shall  be  prima  facie  evidence 
of  the  fact  that  the  sample  or  samples  mentioned  in  said  analysis  or 
certificate  were  properly  analyzed,  contained  the  component  parts 
stated  in  such  certificate  and  analysis ;  and  that  the  samples  were 
taken  from  the  parcels  or  packages  or  lots  mentioned  or  described  in 
said  certificate. 

Sec.  6.  That  the  term  "insecticide"  as  used  in  this  act  shall 
include  any  substance  or  mixture  of  substances  intended  to  be  used 
for  preventing,  destroying,  repelling  or  mitigating  any  insects  which 
may  infest  vegetation,  man  or  other  animals,  or  households,  or  be 
present  in  any  environment  whatsoever.  The  term  Paris  green  as 
used  in  this  act  shall  include  the  product  sold  in  commerce  as  Paris 
green  and  chemically  known  as  the  aceto-arsenite  of  copper.  The 
term  "lead  arsenate"  as  used  in  this  act  shall  include  the  product  or 


products  sold  in  commerce  as  lead  arsenate  and  consisting  chemically 
of  products  derived  from  arsenic  acid  (H3As04)  by  replacing  one  or 
more  hydrogen  atoms  by  lead.  That  the  term  ' '  fungicide ' '  as  used  in 
this  act  shall  include  any  substance  or  mixture  of  substances  intended 
to  be  used  for  preventing,  destroying,  repelling,  or  mitigating  any  and 
all  fungi  that  may  infest  vegetation  or  be  present  in  any  environment 
whatsoever. 

Sec.  7.  That  for  the  purpose  of  this  act  an  article  shall  be  deemed 
to  be  adulterated — 

In  case  of  Paris  green:  First,  if  it  does  not  contain  at  least  fifty 
per  centum  of  arsenious  oxide ;  second,  if  it  contains  arsenic  in  water- 
soluble  forms  equivalent  to  more  than  three  and  one-half  per  centum 
of  arsenious  oxide ;  third,  if  any  substance  has  been  mixed  and  packed 
with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or 
strength. 

In  the  case  of  lead  arsenate :  First,  if  it  contains  more  than  fifty 
per  centum  of  water;  second,  if  it  contains  total  arsenic  equivalent 
to  less  than  twelve  and  one-half  per  centum  of  arsenic  oxide  (As205)  ; 
third,  if  it  contains  arsenic  in  water-soluble  forms  equivalent  to  more 
than  seventy-five  one-hundredths  per  centum  of  arsenic  oxide  (As205)  ; 
fourth,  if  any  substances  have  been  mixed  and  packed  with  it  so  as  to 
reduce,  lower,  or  injuriously  affect  its  quality  or  strength;  provided, 
however,  that  extra  water  may  be  added  to  lead  arsenate  (as  described 
in  this  paragraph)  if  the  resulting  mixture  is  labeled  lead  arsenate 
and  water,  the  percentage  of  extra  water  being  plainly  and  correctly 
stated  on  the  label. 

In  the  case  of  insecticides  or  fungicides,  other  than  Paris  green 
and  lead  arsenate :  First,  if  its  strength  or  purity  fall  below  the  pro- 
fessed standard  or  quality  under  which  it  is  sold;  second,  if  any 
substance  has  been  substituted  wholly  or  in  part  for  the  article ;  third, 
if  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted;  fourth,  if  it  is  intended  for  use  on  vegetation  and  shall 
contain  any  substance  or  substances  which,  although  preventing, 
destroying,  repelling,  or  mitigating  insects,  shall  be  injurious  to  such 
vegetation  when  used. 

Sec.  8  (as  amended).  That  the  term  "misbranded"  as  used  herein 
shall  apply  to  all  insecticides,  Paris  green,1  lead  arsenate,2  or  fungi- 
cides or  articles  which  enter  into  the  composition  of  insecticides  or 
fungicides,  the  package  or  label  of  which  shall  bear  any  statement, 
design  or  device  regarding  such  article  or  the  ingredients  or  substances 


1  Instead  of  green,  original  act  read  greens. 

2  Instead  of  arsenate,  original  act  read  arsenates. 


contained  therein  which  shall  be  false  or  misleading  in  any  particular, 
and  to  all  insecticides,  Paris  green,3  lead  arsenates,4  or  fungicides  which 
are  falsely  branded  as  to  the  state,  territory,  or  country  in  which  they 
are  manufactured  or  produced.  That  for  the  purpose  of  this  act  an 
article  shall  be  deemed  to  be  misbranded.  In  the  case  of  insecticides, 
Paris  green,5  lead  arsenate,6  and  fungicides :  First,  if  it  be  an  imitation 
or  offered  for  sale  under  the  name  of  another  article ;  second,  if  it  be 
labeled  or  branded  so  as  to  deceive  or  mislead  the  purchaser,  or  if 
the  contents  of  the  package  as  originally  put  up  shall  have  been 
removed  in  whole  or  in  part  and  other  contents  shall  have  been  placed 
in  such  package;  third,  if  in  package  form,  and  the  contents  are  stated 
in  terms  of  weight  or  measure  they  are  not  plainly  and  correctly  stated 
on  the  outside  of  the  package. 

In  the  case  of  insecticides  (other  than  Paris  green  and  lead  arse- 
nate) and  fungicides;  first,  if  it  contains  arsenic  in  any  of  its  com- 
binations or  in  the  elemental  form  and  the  total  amount  of  arsenic 
present  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated 
on  the  label ;  second,  if  it  contains  arsenic  in  any  of  its  combinations  or 
in  the  elemental  form  and  the  amount  of  arsenic  in  water-soluble 
forms  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated  on 
the  label ;  third,  if  it  consists  partially  or  completely  of  any  inert  sub- 
stance or  substances  which  do  not  prevent,  destroy,  repel  or  mitigate 
insects  or  fungi  and  does  not  have  the  names  and  percentage  amounts 
of  each  and  every  one  of  such  inert  ingredients  plainly  and  correctly 
stated  on  the  label;  provided,  however,  that  in  lieu  of  naming  and 
stating  the  percentage  amount  of  each  and  every  inert  ingredient  the 
producer  may  at  his  discretion  state  plainly  upon  the  label  the  correct 
names7  of  each  and  every  ingredient  of  the  insecticide  or  fungicide 
having  insecticidal  or  fungicidal  properties,  and  make  no  mention  of 
the  inert  ingredients,  except  in  so  far  as  to  state  the  total  percentage 
of  inert  ingredients  present. 

Sec.  9  (as  amended).  That  no  dealer  shall  be  prosecuted  under 
the  provisions  of  this  act  when  he  can  establish  a  guaranty  signed  by 
the  wholesaler,  jobber,  manufacturer,  or  other  party  from  whom  he 
purchased  such  articles,  to  the  effect  that  the  same  is  not  adulterated 


3  Instead  of  green,  original  act  read  greens. 

4  Instead  of  arsenate,  original  act  read  arsenates. 

5  Instead  of  green,   original   act  read   greens. 

6  Instead  of  arsenate,  original  act  read  arsenates. 
The  above  are  simply  verbal  changes. 

7  Original  act  here  added  the  words  "and  percentage  amounts."  This 
omission  makes  it  possible  for  California  manufacturers  to  omit  the  exact 
formula  of  the  active  ingredients  as  long  as  they  do  not  enter  into  interstate 
trade  and  thus  come  under  the  United  States  law. 


or  misbranded  within  the  meaning  of  this  adt,  designating  it  ;8  or  a 
general  guaranty  may  be  filed  with  the  secretary  of  the  United  States 
Department  of  Agriculture  by  the  manufacturer,  wholesaler,  jobber 
or  other  party  in  the  United  States  and  be  given  a  serial  number,  wThich 
number  shall  appear  on  every  package  of  insecticide  or  fungicide  sold 
under  such  guaranty  with  the  words  "guaranteed  by"  (the  name  of 
the  guarantor)  under  the  insecticide  act  of  1910;  and  in  such  case 
said  party  or  parties  shall  be  amenable  to  the  prosecutions,  fines,  and 
other  penalties  which  shall  attach  in  due  course  to  the  dealer  under 
the  provisions  of  this  act. 

Sec.  10.  That  the  word  "person"  as  used  in  this  act  shall  be  con- 
strued to  mean  both  the  plural  and  the  singular,  as  the  case  demands, 
and  shall  include  corporations,  companies,  societies  and  associations. 
When  construing  and  enforcing  the  provisions  of  this  act,  the  act, 
omission  or  failure  of  any  officer,  agent,  or  other  person  acting  for  or 
employed  by  any  corporation,  company,  society  or  associations,  within 
the  scope  of  his  employment  or  office,  shall  in  every  case  be  also 
deemed  to  be  the  act,  omission,  or  failure  of  such  corporation,  com- 
pany, society,  or  association,  as  well  as  that  of  the  other  person. 

Sec.  11  (as  amended).  Every  lot,  parcel,  or  package  of  commercial 
insecticides  or  fungicides  or  materials  to  be  used  for  insecticidal9  or 
fungicidal10  purposes,  sold,  offered,  or  exposed  for  sale,  within  this 
state,  shall  be  accompanied  by  a  plainly  printed  label,  stating  the 
name,  brand,  and  trade  mark,  if  there  be  any,  under  which  the  insect- 
icide or  fungicide  is  sold,  the  name  and  address  of  the  manufacturer, 
importer,  or  dealer,  the  place  of  manufacture  and11  giving  a  correct 


8  Original  act  here  added  the  words:  ''Said  guaranty  to  afford  protection 
shall  contain  the  name  anu  address  of  the  party  or  parties  making  the  sale 
of  such  articles  to  each  dealer,  and  an  itemized  statement  showing  the  articles 
purchased."  This  omission  makes  it  possible  for  California  manufacturers 
and  jobbers  to  give  a  general  guarantee  to  retailers  within  this  State  where 
a   specific  guarantee  would  be   necessary  in   interstate  trade. 

,J  Instead  of  insecticidal,  original  act  read  fungicidal. 

1(>  Instead  of  fungicidal,    original    act   read   insecticidal. 

These  four  amendments  are  purely  formal  and  do  not  affect  the  operation 
of  the  law. 

11  Re-arrangement  and  changes,  the  original  act  reading  from  this  point 
as  follows:  "A  chemical  analysis,  stating  the  percentages  claimed  to  be  therein, 
of  the  substance  or  substances  alleged  to  have  insecticidal  properties,  specify- 
ing the  form  or  forms  in  which  each  is  present,  and  the  materials  from  which 
all  constituents  of  the  insecticides  are  derived.  All  analyses  of  substances  for 
which  methods  have  been  agreed  upon  by  the  American  Association  of 
Official  Agricultural  Chemists,  are  to  be  made  by  such  official  methods.  In  the 
case  of  those  insecticides  the  selling  price  of  which  is  less  than  one-half  cent 
per  pound,  said  label  need  only  give  a  correct  general  statement  of  the  nature 
and  composition  of  the  insecticide  it  accompanies."  This  amendment  is  a 
removal  of  the  requirement  of  a  chemical  analysis,  the  same  as  note  7,  but 
also  removes  the  requirement  of  the  use  of  official  methods  of  analysis. 


general  statement  of  the  nature  and  composition,  together  with  the 
name  of  the  insecticide  it  accompanies  and  the  total  percentage 
claimed  to  be  therein,  of  the  substance  or  substances  alleged  to  have 
insecticidal  or  fungicidal  properties. 

Sec.  12  (as  amended).14  No  commercial  insecticide,  paris  green, 
lead  arsenate  or  fungicide  shall  be  deemed  to  be  adulterated  under 
the  provisions  of  this  act,  if  the  standard  of  strength,  quality  or  purity 
thereof  be  plainly  stated  upon  the  bottle,  box  or  container  thereof, 
although  the  standard  may  differ  from  that  determined  by  the  pro- 
visions of  section  7  hereof. 

Sec.  I214  (new  section).13  The  provisions  of  this  act  shall  not  apply 
to  the  sale  of  any  of  the  preparations,  drugs  and  chemicals  of  the 
United  States  Pharmacopoeia  or  National  Formulary,  which  conforms 
to  the  standard  and  tests  prescribed  in  the  latest  edition  of  the 
United  States  Pharmacopoeia  or  National  Formulary,  nor  shall  the 
provisions  of  this  act  apply  to  the  sale  of  any  medicinal  or  toilet 
preparations  or  substances  guaranteed  under  the  United  States  pure 
food  and  drugs  act  of  June  30,  1906,  and  the  California  pure  food  and 
drugs  act,  in  Statutes  of  California  for  1907,  chapter  187. 


12  Entirely  rewritten,  the  original  act  reading  as  follows:  "Sec.  12.  The 
manufacturer,  importer,  agent  of,  or  dealer  in  any  commercial  insecticide,  or 
materials  used  for  insecticidal  purposes,  the  selling  price  of  which  to  the  con- 
sumer is  not  less  than  one-half  cent  (%  cent)  per  pound,  shall,  before  same  is 
offered  for  sale,  obtain  a  certificate  of  registration  from  the  secretary  of  the 
Board  of  Eegents  of  the  University  of  California,  countersigned  by  the  said 
university,  authorizing  the  sale  of  insecticides  in  this  state,  and  shall  securely 
fix  to  each  lot,  parcel,  or  package  of  insecticide  the  word  'registered'  with 
the  number  of  registry.  The  manufacturer,  importer,  agent,  or  dealer  obtain- 
ing such  registry  shall  pay  to  the  said  secretary  the  sum  of  one  ($1.00) 
dollar,  to  be  applied  as  provided  in  section  18  of  this  act;  such  registration 
shall  expire  on  the  thirtieth  day  of  June  of  the  fiscal  year  for  which  it  was 
given;  provided,  the  provisions  of  this  section  shall  not  apply  to  any  agent 
whose  principals  shall  have  obtained  a  certificate  of  registration  as  herein  pro- 
vided. Every  such  manufacturer,  importer,  agent,  or  dealer,  who  makes  or 
sells,  or  offers  for  sale,  any  such  substances,  under  a  name  or  brand,  shall  file, 
on  or  before  the  first  day  of  July,  in  each  year,  a  statement,  under  oath,  with 
the  director  of  the  agricultural  experiment  station  of  the  University  of  Cali- 
fornia, stating  such  name  or  brand,  and  stating  the  component  parts,  in 
accordance  with  the  provisions  of  section  11  of  this  act,  of  the  substances  to 
be  sold  or  offered  for  sale,  or  manufactured  under  each  such  name  or  brand. ' ' 
This  amendment  cancels  the  whole  registration  system  and  makes  it  possible 
to  sell  adulterated  or  low  grade  insecticides  in  this  state  provided  only  that 
they  are  plainly  so  labeled. 

13  A  new  enactment.  "Most  of  the  preparations  affected  by  this  new  sec- 
tion should  really  not  be  considered  insecticides  or  fungicides,  formaldehyde 
being  almost  the  only  exception.  Medical  or  toilet  preparations  are  often  sold 
with  a  claim  of  virtue  as  disinfectants  or  germicides,  anv  such  claim  is 
evidently  fraudulent  and  will  be  prosecuted  by  this  office  unless  the  dealers 
come  under  the  Pure  Food  and  Drugs  Act,  when  it  will  be  the  duty  of  the 
State  Board  of  Health  to  look  after  them." 


8 

Sec.  13  (as  amended).  The  directory14  of > the  agricultural  experi- 
ment station  of  the  University  of  California  shall,  upon  the  receipt 
of  a  sample  of  insecticide  or  fungicide,15  accompanied  with  a  nominal 
fee  of  one  dollar,  furnish  to  the  user  of  said  commercial  insecticide 
such  examination  or  analysis  of  the  sample  as  will  substantially 
establish  the  conformity  or  non-conformity  of  the  said  insecticide  or 
fungicide16  to  the  guarantee  under  which  it  is  sold. 

Sec.  14  (as  amended).  The  directory,17  of  the  agricultural  experi- 
ment station  of  the  University  of  California,  in  person  or  by  deputy, 
is  hereby  authorized  to  purchase18  a  sample,  not  exceeding  one  pound19 
in  weight,  for  analysis  by  the  said  director  or  his  deputies,  from  any 
lot,  parcel  or  package  of  insecticide  or  fungicide,  or  material,  or 
mixture  of  materials20  used  for  insecticidal  or  fungicidal  purposes, 
which  may  be  in  the  possession  of  any  manufacturer,  importer,  agent 
or  dealer;  but  said  sample  shall  be  drawn  in  the  presence  of  said 
party  or  parties  in  interest,  or  their  representatives.  In  lots  of  five 
tons  or  less,  samples  shall  be  drawn  from  at  least  ten  packages,  or  if 
less  than  ten  packages  are  present,  all  shall  be  sampled;  in  lots  of 
over  five  tons,  not  less  than  twenty  packages  shall  be  sampled.     The 


14  Instead  of  directory  the  original  act  read  as  follows:  "Said  director  shall 
annually,  on  or  before  the  first  day  of  September,  take  samples  in  accordance 
with  the  provisions  of  section  14  hereof,  of  the  substance  made,  sold,  or  offered 
for  sale,  under  every  such  name  or  brand,  and  cause  analyses  to  be  made 
thereof  in  accordance  with  the  provisions  of  section  11  hereof,  and  said  anal- 
yses may  include  such  other  determinations  as  said  director  may  at  any  time 
deem  advisable.  Dealers  in  or  manufacturers  of  insecticides  must  give  free 
access  to  the  director  of  the  agricultural  experiment  station,  or  his  duly 
authorized  deputy,  to  all  the  materials  which  they  may  place  on  the  market 
for  sale  in  California.  Whenever  the  analysis  certified  by  the  said  director 
shall  show  a  deficiency  of  not  more  than  five  per  cent  of  the  substance  alleged 
to  have  insecticidal  properties,  the  statement  of  the  manufacturer  or  importer, 
as  required  in  section  11  of  this  act,  shall  not  be  deemed  to  be  false  in  the 
meaning  of  this  act;  provided,  that  this  act  shall  not  apply  to  sales  of  insec- 
ticidal materials  made  to  a  registered  manufacturer  of  insecticides  or  to  sales 
for  export  outside  of  this  state;  provided  further,  that  the  said  director 

This  amendment  cancels  the  whole  system  of  annual  inspection.  It  removes 
the  variation  of  5%  formerly  permitted  in  the  composition  of  insecticides, 
dealers  will  therefore  be  expected  to  conform  hereafter  strictly  to  their  guaran- 
tee. It  also  removes  the  permission  of  the  original  law  to  sell  to  registered 
manufacturers  or  for  export,  goods  not  conforming  to   the  law. 

15  Original   act  omitted   the   words   or   fungicides. 

16  Original   act  omitted   the  words   or   fungicides. 
These  are  simply  verbal  changes. 

17  Instead  of  directory,  original  act  reads  director.  This  is  a  verbal  error 
both  in  this  and  the  preceding  section. 

is  Insteaa  of  "purchase,"  original  act  reads  "take."  Removes  the  author- 
ization to  take  samples  for  analysis  without  pay. 

19  Instead  of  one  pound,  original  act  reads  two  pounds.  Limits  purchase 
for  analysis  to  one  pound. 

20  Original  act  omitted  the  words  "of  materials."  This  addition  makes  no 
material  change  in  the  law. 


samples  so  drawn  shall  be  thoroughly  mixed,  and  from  it  two  equal 
samples  shall  be  drawn  and  placed  in  glass  vessels,  carefully  sealed, 
and  a  label  placed  on  each,  stating  the  name  or  brand  of  the  insecti- 
cide or  material  samples,  the  name  of  the  party  from  whose  stock  the 
sample  was  drawn,  and  the  time  and  place  of  drawing;  and  said 
label  shall  also  be  signed  by  the  said  director  or  his  deputy  making 
such  inspection,  and  by  the  party  or  parties  in  interest  or  their  repre- 
sentatives present  at  the  drawing  and  sealing  of  said  samples.  One 
of  said  duplicate  samples  shall  be  retained  by  the  party  whose  stock 
was  sampled,  and  the  other  by  the  director  of  the  agricultural  experi- 
ment station  of  the  University  of  California. 

Sec.  14a21  (new  section).  The  following  insecticides  and  fungi- 
cides or  materials  to  be  used  for  insecticidal  or  fungicidal  purposes 
may  be  sold  by  grocers  and  dealers  generally  without  restriction  and 
without  the  registration  fee,  permit  or  license  being  required  of  them, 
viz :  Insect  powders,  poison  fly  paper,  sticky  fly  paper,  borax,  moth 
balls,  gum  camphor,  spirits  of  camphor,  blue  ointment,  oil  of  euca- 
lyptus, castor  oil,  ant  poison,  sheep  dip,  lice  killer,  sulphur,  bluestone. 

Sec.  15.  The  director  of  the  agricultural  experiment  station  of 
the  University  of  California  shall  publish  in  bulletin  form,  from  time 
to  time,  at  least  annually,  the  results  of  the  analysis,  hereinbefore 
provided,  with  such  additional  information  as  circumstances  may 
advise. 

Sec.  16.  There  is  hereby  provided  for  carrying  out  the  purposes 
of  this  act,  out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  five  thousand  dollars  for  each  fiscal  year 
hereafter,  beginning  with  the  first  day  of  July,  1911. 

Sec.  17.  All  persons  charged  with  the  enforcement  or  execution 
of  any  of  the  provisions  of  this  act  shall  not  directly  or  indirectly 
be  interested  in  the  sale,  manufacture  or  distribution  of  any  insecti- 
cide or  fungicide  affected  by  this  act. 

Sec.  18  (as  amended).  All  moneys22  received  from23  analytical 
fees  shall  be  paid  to  the  secretary  of  the  board  of  regents  of  the 
University  of  California  for  the  use  of  said  board  in  carrying  out 
the  provisions  of  this  act. 

Sec.  19.  An  act  to  prevent  fraud  in  the  sale  of  Paris  green  used 
as  an  insecticide.  Chap.  LIU,  p.  69,  Statutes  of  1901,  is  hereby 
repealed. 


2i  A  new  enactment  apparently  not  applying  to  manufacturers  or  jobbers. 

22  Original  act  inserted  here  the  word  ' '  whether. ' ' 

23  Original  act  inserted  here  the  words  "registry  and." 

These  two  amendments  are  verbal  changes  to  conform  to  Note  14. 


10 

Sec.  20.  This  act  shall  take  effect  and  be  in  force  from  and  after 
July  first,  1911. 

SUGGESTIONS    TO    DEALERS 

While  fees  and  annual  registrations  are  no  longer  required,  manu- 
facturers and  dealers  must  make  sure  that  the  preparations  they 
handle  conform  in  every  way  to  the  law. 

1st.  That  they  be  not  "adulterated"  in  the  manner  specified  in 
Section  7,  or  if  not  conforming  to  these  requirements  and  sold  under 
the  provision  of  section  12,  the  label  must  show  plainly  wherein  it 
differs  in  order  to  secure  this  exemption. 

2nd.  That  they  be  not  "misbranded"  in  the  manner  specified  in 
Section  8.  The  law  requires  that  every  package  sold  shall  have  a 
printed  label  (section  11)  ;    that  this  label  shall  state: 

1.  Name,  brand  and  trade  mark  if  there  be  any. 

2.  Name  and  address  of  manufacturer,  importer  or  dealer. 

3.  Place  of  manufacture. 

4.  Correct   general   statement   of   the   nature   and   composition    (Sec.    11). 

5.  Total  per  cent  of  active  ingredients. 

6.  Total  per  cent  of  inert  ingredients. 

7.  Name  of  each  active  ingredient  or  name  of  each  inert  ingredient. 

8.  If  weight  is  given  it  must  be  correct. 

9.  If  arsenic  is  present  total  and  water  soluble  arsenic  must  be  stated 
(as  As203  if  Paris  Green,  As,05  if  Lead  Arsenate,  metallic  arsenic  for  other 
substances. 

10.  Nothing  false  or  misleading. 

The  Laboratory  would  appreciate  the  courtesy  if  manufacturers 
would  keep  us  informed  regarding  the  materials  they  are  offering  for 
sale  by  a  voluntary  registration.  No  special  form  need  be  used  and 
no  fees  paid.  Simply  send  a  set  of  labels.  We  would  also  appreciate 
the  sending  of  samples  for  examination. 

Where  this  is  done  it  will  not  be  considered  incorrect  to  continue 
the  use  of  the  word  ' '  registered ' '  and  the  registry  number  on  the  label. 

Analyses  of  insecticides  and  fungicide?  will  not  be  made  for. manu- 
facturers or  dealers.  Users  of  insecticides  may  obtain  an  analysis  upon 
the  payment  of  a  nominal  fee  of  $1.00.  Circular  No.  105  giving  direc- 
tions for  taking  samples  will  be  sent  on  application. 


